Sahadev Swain v. Union Of India

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.6876 of 2022 Sahadev Swain ....

Petitioner Mr.B.P. Das, Advocate -versusUnion of India & Others ....

Opposite Parties Mr. R.N. Mishra, AGA

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

05.07.2022 02.

1.

This matter is taken up through hybrid arrangement (virtual/physical mode).

2.

Heard learned counsel for the Petitioner as well as learned counsel for the State.

3.

The Writ Petition has been filed by the Petitioner with the following prayer:

"Under the circumstances it is therefore humbly prayed that the Hon'ble Court be graciously pleased to direct the Opposite Parties more particularly Opposite Party No.3 to consider his the break in service between two spells of his service rendered by him for his pensionary benefits as well as consequential service including the financial benefits as per his entitlement for the services rendered by him during his tenure of service within a stipulated period as deem fit and proper. And/or issue any other appropriate writ/writs, order/orders, direction/directions as deem fit and proper in the fitness of the case;

And for this act of kindness as in duty bound the petitioner shall ever pray."

4. Learned counsel for the Petitioner submits that ventilating his

// 2 // grievance, Petitioner has filed a representation before the Chief Town Planner & Director, Town Planning, Odisha, Bhubaneswar, Opposite Party No.3, dated 29.10.2021 under Annexure-9, which according to the Petitioner is pending before the Authority for consideration.

5. Considering the limited nature of grievance and considering the facts and circumstances of the case, this Court directs the Chief Town Planner & Director, Town Planning, Odisha, Bhubaneswar, Opposite Party No.3, to consider the representation of the Petitioner dated 29.10.2021 (Annexure-9) within a period of two months from the date of receipt of certified copy of this order, strictly in accordance with law by passing a speaking and reasoned order. Decision so taken be communicated to the Petitioner within a period of two weeks thereafter.

6. With the above direction, the Writ Petition stands disposed of.

7. Issue urgent certified copy of this order on proper application. ( A.K. Mohapatra ) Judge U.K. Sahoo